funeral law exam 3

public cemetery

a cemetery owned by a governmental unit, being federal, state, or municipal

national cemetery

a veterans cemetery is classified as a what type of cemetery?

private cemetery

a type of cemetery that is owned by a private enterprise, such as a corporation for profit, non-profit, partnership, sole proprietorship, or religious order

eminent domain

the inherent power of a government to take private property for public use

neither

is an eminent domain a nuisance per se or a nuisance

nuisance

a landowners use of property which interferes with the public or another landowner's use of his property

nuisance per se

acts, occupations or structures which are nuisances AT ALL TIMES and may be prejudicial to public morals, dangerous to life, or injurious to public rights

nuisance in fact

acts, occupations or structures which are not nuisances per se but may become a nuisance by reason of the location or manner in which it is operated

at least 3 nautical miles

how many miles from the shore must a burial at sea occur

no

is burial at sea permitted on in land waterways?

disinterment

the removal of human remains from the previous location of final disposition

public and private disinterment

what are the 2 types of disinterment

public disinterment

a type of disinterment that includes disinterment and reinterment in the same location

private disinterment

type of disinterment that includes a reinterment at a different location

wills

estates

probate

trusts

4 ways in which property can be transferred

probate

the process of administering an estate and determining the validity of a will

estate

the property; both real and personal and debts of a deceased person

uniform probate code

a model law intended to achieve uniformity in probate proceedings throughout the US

no

has the uniform probate code been adopted by all states?

Probate Estate

the property and debts of a decedent that are subject to administration by the personal representative of an estate

no

are all types of property and debts subject to probate estate?

Probate Property

property that passes through the probate court

non-probate property

property not required to pass through the probate process

time - lasts many months or a year to be settled

what is the biggest obstacle when dealing with probate?

Will Substitutes

Various instruments, such as living trusts or life insurance plans, that may be used to avoid the formal probate process.

testamentary trust

a trust that is created by a will

inter-vivos trust

a trust that is established during life

Tenancy by the entireties

usual form of co-ownership between husband and wife, carrying equal interest and the right of survivorship

Joint Tenancy

A form of concurrent ownership, which occurs when two or more persons own a single estate in land, with right of survivorship. Must have equal shares, right to partition - are not spouses

tenancy in common

Co-ownership of property in which each party owns an undivided interest that passes to his or her heirs at death - no right of survivorship.

will

an instrument executed with required formality by persons making disposition of their property to take effect upon their death

testate and intestate

2 ways in which a person can die regarding wills

testate

the condition of leaving a will at death

intestate

the state or condition of dying without having a will made

testator

a person who makes a valid will. this person must be of legal age and have testamentary capacity

written, signed, and 2 or more witnesses

what are the 3 basic will requirement formalities:

nuncupative will

an oral will that is declared or dictated by the testator verbally during the last illness before appropriate witnesses to dispose of personal property afterwards, to reduce writing - not valid in all states

holographic will

a will written entirely by the hand of the testator; must be in writing

revocations

the omission or cancellation of an instrument, act, license, or promise

act of testator

a way to revoke a will - a complete revocation through destruction of the old will and write a new one

operation of law

a way to revoke a will that includes only a partial revocation/modification.

destroy

a physical act by a testator or agent that includes burning, ripping, canceling, or obliterating

codicil

an addition or amendment of a last will and testament, executed with the same formality of the will that applies to both formal wills and holographic wills

legacy

testamentary gift of personal property through a will

specific gift/legacy

directly referring to a specific object or part of the estate

General gift/legacy

the gift comes from ant of the testator's general assets

demonstrative gift/legacy

a general gift, to be paid from a specific part of the estate

abatement

a proportional reduction of a devise/gift when estate assets are not sufficient to pay it in full

ademption

the extinction or withdrawal of a devise/gift because the testator did not own the named property at the time of death - applies to specific gifts

intestate sucession

the method used to distribute property owned by a person who dies without a valid will

who is the first in the list of priority in the case of intestate succession

per capita

dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kindred to the decedent

Per Stirpes

proportionately dividing an estate between beneficiaries according to the deceased ancestor's share

escheat

forfeiture of a decedent's property to the state in absence of heirs - not favored by the law and are to be avoided whenever possible

executor

a person appointed by a testator to carry out the terms of the will

administrator

A person appointed by the court to manage the estate of a deceased person who left no will.

inventory

listing and valuation of a decedents assets by the personal representative - determine value of the probate estate

heir

person who receives property by the laws of intestacy

devisee

person who receives a devise

devise

a gift of real or personal property by will

principal

a party that appoints another to serve as an agent

agent

the party appointed by the principal to contract with a third party on behalf of the principal

power of attorney

an instrument granting someone authority to act as an agent

springing

type of special POA in which the agency is effective only upon a certain even occurring

general

type of POA that grants the agent broad powers

durable

type of special POA that remains in effect after the disability or incapacity of the principal

living will

a document which governs the withholding or withdrawal of life-sustaining treatment of an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time which becomes effective when the person is no longer able to make decisions regarding his/her medical treatment

Apprenticeship / Internship / Resident Training

a process by which a person engages in learning the practice of funeral directing and/or embalming under instruction, direction, or personal supervision of a licensed funeral director and/or embalmer.

Reciprocity

the relationship existing between two states whereby each extends some privileges of licensure to licensees of the other state

Private Carrier

those who transport only in particular instances and only for those they choose to contract with

contract carrier

provides transportation for compensation only to those with whom it desires to do business

common carrier

any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid

intrastate

within a state

interstate

between 2 or more states

vital statistics

the registration, preparation, transcription, collection, complication, and preservation of data pertaining to birth, adoptions, deaths, stillbirths, marital status, etc.

legislative branch

branch of government that makes statutes and ordinances

executive branch

branch of government that makes administrative rules and regulations

judicial branch

branch of government that creates common law

statutes

laws on the federal and state level

ordinances

laws on the city, municipality, and township levels

police power

the inherent power of a government to make the reasonable laws to protect the safety and health of its citizens

fair labor standards act

outlaws discriminatory practices in pay and overtime work

wage and hour division of the department of labor

who is the fair labor standards act enforced by

7.25

what is minimum wage

Fair Credit Reporting Act

protects information collected by consumer reporting agencies

truth in lending act

protects against inaccurate and unfair credit billing/credit card practices

Civil Rights Act (1964)

Prohibits general discrimination.

the eeoc

what is the Civil Rights Act (1964) enforced by

Equal Employment OpportunityCommission

primary enforcing agency for employment discrimination - guidelines and requirements for employment practices

equal employment opportunity act

prohibits employment discrimination based upon disability, age, sex, genetics

ADA

guarantees disabled people equal access to employment and public spaces

15 employees

how many employees does the ADA apply to

Age Discrimination in Employment Act

Requires employer to treat applicants and employees equally regardless of age.

40 years old

what age does the Age Discrimination in Employment Act protect people over?

fair labor standards act

which act prevents discriminatory practices in pay and overtime work?

the wage and hour division of the department of labor

who enforces the fair labor standards act?

White Collar Exemptions

what is the exemption from FSLA

fair credit reporting act

what is the act that protects information collected by consumer reporting agencies

consent

entities seeking consumer reports must have this before releasing information

federal truth in lending act

what is the federal act that protects against inaccurate and unfair credit billing/credit card practices?